For the millions of cohabiting couples in England and Wales, the assumption that a surviving partner will “automatically inherit” is not just risky — it is legally incorrect. Despite the rise of long‑term cohabitation, the law has not kept pace with modern family structures, and the rules of intestacy (which apply where one passes away without a valid Will) still exclude unmarried partners entirely.

This article explains how the law works, why cohabiting couples are particularly vulnerable, and what steps can be taken to avoid serious financial and personal consequences.

1. The Myth of the “Common Law Partner”

A significant number of people still believe that living together for a certain number of years creates rights similar to marriage. It doesn’t. In England and Wales, “common law marriage” has no legal recognition and unmarried partners receive nothing under intestacy rules, even if you have lived together for decades, raised children, or own a home together, you are treated as legal strangers under intestacy law.

We are not encouraging you to have a civil union or marry your partner if you do not wish to, we instead wish merely to highlight what steps can be taken so that your testamentary wishes reflect your current familial circumstances.

2. How the Intestacy Rules Work

When someone dies without a Will, their estate follows a strict hierarchy governed by statute The law does not consider personal relationships, financial dependence, or emotional ties at all.

The estate passes in the following order:
Spouse or civil partner → children → parents → siblings → extended family → the Crown. Unmarried partners do not appear anywhere on this list.

Although one may deem that a Will is not necessary where they are married and intend to leave everything to their partner and then to their children, steps should still be taken to produce a Will to reflect these wishes – this will be covered in more detail in a later blog post.

This means that if an unmarried person (which may include those couples who have married via religious ceremonies only) dies intestate:

• Their partner inherits nothing owned solely by the deceased — not the home, not savings, not personal possessions.
• Children, parents, or even distant relatives may inherit instead, irrespective of how close the deceased was with these relatives.
• If no relatives exist, everything passes to the Crown.

3. Financial Hardship & Emotional Impact

The consequences can be severe and immediate. Situations frequently include:

• Loss of the family home
• No access to savings or pensions
• Eviction by legal beneficiaries
• Costly legal claims to secure any support

Many unmarried partners only discover this legal gap after suffering a bereavement, compounding an already devastating situation. By taking action now and drafting a Will, couples will have taken the steps to safeguard themselves and each other in bereavement.

Conclusion

Unmarried partners in England and Wales have no rights under the rules of intestacy, regardless of how long they have lived together or how intertwined their lives may be. Without a valid Will, surviving partners may face losing their home, assets, or financial security.

The solution is simple but essential: make a Will, review ownership structures, and ensure your wishes are documented. It is the only way to protect the person you share your life with.

If you wish to create a Will and would like our assistance in doing so, you are welcome to contacting one of our three offices whose details are below:

• Saffron Walden: 01799 523 441
• Sawston: 01223 832 939
• Haverhill: 01440 702 485

Employers are legally required to provide employees and workers with a written statement of particulars of Employment. This document sets out the key terms and conditions of Employment and is often referred to as a Section 1 Statement.

Although some contractual terms can be agreed verbally or implied through conduct, the law requires certain information to be provided in writing. If there is no separate written contract, a Section 1 Statement will be persuasive evidence as to the terms of the contract between the parties.

When must the statement be provided?

For those starting work on or after 6 April 2020, there is no minimum service requirement for an employee or worker to be given a Section 1 Statement, and it must be provided no later than the beginning of the Employment. Some particulars may be contained in a reasonably accessible document that the Section 1 Statement refers to, and some particulars may be given in instalments but no later than two months after the start of the Employment.

What information must be included?

The Employment Rights Act 1996 sets out a prescribed list of particulars that must be included. In broad terms, the written statement must cover:

• The identity of the employer and employee
• The employee’s start date and any earlier service counting towards continuity
• Job title or a description of the role
• Place of work
• Pay and benefits
• Hours and working patterns
• Holiday entitlement and other paid leave
• Sickness and incapacity arrangements
• Notice and termination provisions
• Training requirements
• Disciplinary and grievance procedures
• Pension arrangements
• Data protection information
• Details of any collective agreements affecting employment

What happens if an employer does not comply?

An employee or worker may make a complaint to an Employment Tribunal where an employer fails to provide an accurate Section 1 Statement. The Tribunal will determine what particulars ought to have been included or referred to in the statement. Where an employee or worker also has a successful substantive claim in the Employment Tribunal, they may claim compensation in respect of the failure to provide particulars. The award is likely to be between two to four weeks’ pay.

For advice and representation on all your employment law needs please contact us.

• Saffron Walden: 01799 523 441
• Haverhill: 01440 702 485
• Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form

It was great to welcome Harriet Christodoulides from Saffron Directory to the Saffron Walden office this morning for an interview with our Managing Partner, Jennifer Carpenter, discussing why Adams Harrison choose to support the directory. Huge thanks to Harrison Cantel for video recording the interview.